"This time, with a PAD, I did not receive any treatments that I did not want. They were very respectful. I really felt like the hospital took better care of me because I had my PAD. In fact, I think it's the best care that I've ever received."Read More...
Montana Q and A
Ten commonly asked questions about PAD's for Montana
Please note: the following 10 FAQs are designed to provide a quick and accessible guide to what your state’s Statutes say – or do not say – about PADs. The FAQs do not attempt to provide a complete picture of the law in your state, nor can they take the place of legal advice. The answers were accurate when written in September 2013.
1. Can I write a legally-binding psychiatric advance directive (PAD)?
Yes. Title 53, Chapter 21, Part 13, of the Montana statute allows you to write instructions for your mental health care treatment and any other medical treatment that may directly or indirectly affect your mentl health and general care during a period of time in which you have been determined by a court or your healthcare provider as unable to give or withhold consent to medical treatment. This document also allows you to appoint an agent to make mental health care treatment decisions on your behalf.
Your agent must make all health care decisions in accordance with your written instructions or directive. When required to make decions not addressed by your written instructions or directive, an agent, acting in good faith, must make all decisions based on your known wishes and their best judgment about how you would decide based on your values and experience.
No. You may do one or the other, or both.
No. In order for you PAD to take effect, your supervising health care provider must determine that you are incapacitated, lacking the ability to give or withhold consent to treatment . The supervising health care provider must promptly make a note of the determination in you healthcare record. They must also communicate the determination of incapcity to you and your agent. An agreement between two healthcare providers, one of whom must be your supervising health care provider and one of whom must be a psychiatrist or other physician, may be required to trigger your directive.
Yes. Your mental health care providers may decline to follow your advanced instructions, or those of your agent, if the requested treatment is not reeasonably available , an emergency situation exists and compliance would endanger your life or health, or if compliance would violate or conflict with the accepted standard of care, applicalbe law, or a court order. Your advance directive has no legal effect during a period of involuntary inpatient commitment or during a period in which you are subject to a court order. Furthermore, if you execute another type of advance directive recognized by Montana law, they must be consistent with and may not override a mental health care advance directive. Finally, your directive may not create an entitlement to mental health treatment or other medical treatment.
Your mental health care advance directive is valid indefinitely unless it includes an expiration date or you or your appointed agent choose to revoke it. If your mental health care advance directive expires during a time in which you have been determined incapacitated it will remain valid until your capacity has been restored. You may revoke your directive orally or in writing at any time unless you have been determined incapacitated and it includeds instructions stating that it may not be revoked during or after a specified amount of time following a period of incapacity. Unless your newest directive provides instructions stating otherwise, it will revoke all prior directives.